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However,even if the Defendant were to appreciate the failureit would not constitute gross negligence on the Defendant’spart, unlessit can be proven that the Defendant should have doubtedthe competence or efficiency of the contractor. 14     He further testified that he never expected that his child wouldunder normal reasonable circumstancesstep on a live wire at GrandWest, a public venue, as there was no warning or any indication thatthere was work in progress, orthat his child might step on a livewire. Furthermore, he noticed the disclaimer notices on theDefendant’s premisesbut failed to read them. Our award-winning entertainment destination – located in Fourways in northern Johannesburg – boasts international theatre, world-class dining, family fun, class-leading hotels, casino-thrills, shopping, movies and much more.

Thelive red wire with its copper core was stripped andcompletely exposed, thus creating a risk of electrocution for someonewho isbare foot. 19     At the time of the incident, he was employed by Fidelity Security asan investigator, contractedto Grand West. He was stationed atthe outer building on the Grand West premises, when the control roomnotified him aboutthe child that had been electrocuted. Uponarriving at the scene, he observed the Plaintiff cradling the weepingchild inhis arms.

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• He conceded that the contractor did not connectthe cables carrying the Christmas lights to the electricitysupplyinside the Defendant’s premises but that it was theresponsibility of the Defendant’s electrical and maintenancedepartment.
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Making use of the images in Exhibit“A”,especially images 2, 3 and 4, the Plaintiff identified the area whereincident occurred and the exposed electricalwire, his child hadstepped on. With over 300 state-of-the-art slot machines, which operate 24/7, Graceland Casino brings you an electrifying gaming experience. Choose from classic reels, video slots, and progressive jackpots with grand payouts. Johannesburg’s award-winning Montecasino offers visitors a non-smoking and two smoking casinos housing over 1,500 Slot machines and 84 Tables games.

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• 48     A further aggravating factor is that not only was the child fouryears old at the time of theincident but a live wire with the copperoutside was next to an ice rink with water substance.
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20     According to him the maintenance department of Grand West connectedthe cable and plugged itin near the ice rink. The Christmaslights were the property of Grand West and was mounted and removedfrom the Christmastree by the contractor. 7 In their pre-trial minute dated 5September 2024, the Defendant stated that the incident invoked thedoctrine of res ipsa loquitur,meaning the facts speak for themselves. When all but one child from the same class mysteriously vanish on the same night at exactly the same time, a community is left questioning who or what is behind their disappearance. Come experience the passion and thrill of the game as the Springboks take on the world at the best place to watch the big game, live on the BIG outdoor Piazza screen. You won’t want to miss LUNGS – a powerful production, written by award-winning playwright Duncan Macmillan that brings a love story set in a world on fire to life at the Pieter Toerien Studio Theatre from 12 to 30 November.

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Because of the above, this matter did not engage the Court’s constitutional or general jurisdiction and leave to appeal was thus refused. The Court found that the pleadings fell short of demonstrating the public importance that the point of law triggered. As the matter failed to meet this threshold requirement, the matter did not engage the Court’s general jurisdiction.

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22     During cross-examination, he speculated that it could have been thecontractor who caused thelive wire to protrude from the connectorblock, or that it could have been as result of someone who hadinadvertently stepped onthe wire. He furtherconfirmed that Ms Maritzhad a WhatsApp group with several employees. That she was the person who informed him that Grand West neededto go and securethe area.

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• She submittedthat it is not in dispute that the ice-skatingrink was a water source that was in the near vicinity of the exposedlive wire andthat the live wire was exposed in the food court wherefluids were consumed and could be spilt.
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She however could not verify or confirm whether theelectrical and maintenancedepartment followed up on her WhatsAppinstruction to secure the electrical cables and ensure that thevicinity where the Christmaslights were mounted to the tree was safefor the public. 41     It is crucial to note that the Defendant failed to call any of theelectrical or maintenanceteam that is on the WhatsApp group to comeand testify. Whether this was done, or what could have causedthe live red wirelying exposed, or whether, this wire was placedinside the connector block as the Defendant wants this court tobelieve. 33     He further speculated that the contractor exhibited gross negligenceby creating and ignoringa clearly hazardous situation, havingdetached the external electricity cable from the Christmas lightscable in an excessivelyforceful manner and subsequently leaving thecable unattended. Furthermore, that there is no evidence thatthe Defendantwas grossly negligent by failing to appreciate thepossibility of such gross negligence on the part of the contractor.

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Within the connector block was ablackinsulated wire, and a red live wire which was not insulated wasprotruding, outside of the connector block. According to himheknows what a connector block is and has seen one before. Hisevidence was further that the purpose of the white cablewas to feedelectricity to the lights on the Christmas tree.

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